BP BHEAD INT S

AN ACT Relating to disbursement of funds to border areas; amending RCW 66.08.190, 66.08.195, and 43.63A.190; adding a new section to chapter 66.08 RCW; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 66.08.190 and 1991 sp.s. c 32 s 34 are each amended to read as follows:

When excess funds are distributed, all moneys subject to distribution shall be disbursed as follows:

(1) Three-tenths of one percent to the ((~~department of community development to be allocated to~~)) border areas under RCW 66.08.195; and

(2) From the amount remaining after distribution under subsection (1) of this section, fifty percent to the general fund of the state, ten percent to the counties of the state, and forty percent to the incorporated cities and towns of the state.

((~~(3)~~)) The governor may notify and direct the state treasurer to withhold the revenues to which the counties and cities are entitled under this section if the counties or cities are found to be in noncompliance pursuant to RCW 36.70A.340.

Sec. 2. RCW 66.08.195 and 1988 c 229 s 3 are each amended to read as follows:

For the purposes of this ((~~section, the term~~)) chapter:

(1) "Border area" means ((~~Blaine, Everson, Friday Harbor, Lynden, Nooksack, Northport, Oroville, Port Angeles, Sumas, and that area of Whatcom county commonly referred to as Point Roberts~~)) any incorporated city or town located within seven miles of the Washington-Canadian border or any point of land surrounded on three sides by water and adjacent to the Canadian border.

((Funds allocable to border areas under RCW 66.08.190 shall be distributed pursuant to a formula developed by the department of community development, by rule, based on border traffic and historical public impacts of law enforcement problems caused by the border on local budgets. All such funds received by Whatcom county pursuant to this allocation shall be spent within the Point Roberts area.))

(2) "Border area per-capita law-enforcement spending" equals total per capita expenditures in a border area on: Law enforcement operating costs, court costs, law-enforcement related insurance, and detention expenses, minus funds allocated to a border area under RCW 66.08.195.

(3) "Border-crossing traffic statistic" means the number of vehicles, vessels, and aircraft crossing into the United States through a United States customs service border crossing during a federal fiscal year.

(4) "Border-related crime statistic" means the sum of infractions and citations issued, and arrests of persons permanently residing outside Washington state in a border area during a calendar year.

Sec. 3. RCW 43.63A.190 and 1984 c 125 s 11 are each amended to read as follows:

Funds appropriated by the legislature as supplemental resources for border areas shall be distributed by the state treasurer pursuant to ((a)) the formula developed by the department ((~~under chapter 34.05 RCW based on border traffic and historical public impacts of law enforcement problems caused by the border on local budgets~~)) based on the guidelines in section 4 of this act and the border area traffic totals adopted in chapter 365-90 WAC. All funds received by Whatcom county under this section shall be spent within the Point Roberts area.

((As used in this section, "border area" means any incorporated city or town located within seven miles of the Washington-Canadian border and any point of land surrounded on three sides by water and adjacent to the Canadian border.))

NEW SECTION. Sec. 4. A new section is added to chapter 66.08 RCW to read as follows:

(1) The formula used to allocate funds allocable to border areas under RCW 66.08.190 shall be based on the following allocations:

(a) Sixty-five percent ratably based on border area traffic totals.

(b) Twenty-five percent ratably based on border-related crime statistics.

(2) The formula based on guidelines in this section may be reexamined every three years upon request of one of the recipients.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.